Secura Traveller Terms of Service
v1.0, Effective as of 22-05-2022
APPLICATION TERMS OF SERVICE
1. PARTIES
1.1 The Ivory Group, a private company duly incorporated and registered in South Africa, with registration number 2005/037459/07, having its registered address at 10 Rydall Vale Office Park, Douglas Saunders Drive, La Lucia Ridge, KZN and its email address for all notices at andre@firstequity.co.za (“Company”)
1.2 Rappid Response Proprietary Limited, a private company incorporated and registered in South Africa, with registration number 2011/136706/07, having its registered address at 25 Commerce Crescent, Kramerville, Johannesburg, 2196 and its email address for all notices at info@aura.services (“AURA” or “We” or “Us”).
1.3 The Party utilising the Services and the mobile application (“Application”), being You the end-user, whose particulars appear on the Application, whose registered address and email address shall, for purposes of this Agreement and receiving notices, be the registered address and email address entered on Your profile on the Application (“You/r”).
“Parties” means You and AURA, and may in certain instances, include the Company, and “Party” shall mean either of the Parties, as the context may indicate;
2. ABOUT AURA
2.1 AURA is a technology platform which enables anyone to access the closest vetted private security and medical response unit (as applicable) to their location, anywhere, anytime, using a connected device. The Application provides a location-based software service which informs independent third-party security response or emergency medical service providers (“Responders”) of the location of a device, whether it be electronic or non-electronic and includes a panic button remote (“Device”). The services offered by the Company or AURA to You through the Application (“Services”) are provided by AURA, who, following an activation of a distress signal by a user seeking a response service (“Panic Activation”) in an emergency, dispatches Responders within the geographical areas covered by Us to Your location.
2.2 AURA agrees to provide the Services to You, subject to the terms and conditions in this agreement (“Agreement”).
2.3 For purposes of this Agreement, through the use of the Services through the Application or any Device, You or any person using Your account shall be the Party described in clause 2.3.
2.4 Accordingly, by downloading, displaying and/or accessing the Application including signing up to the Application, You agree to be bound by the terms and conditions of this Agreement.
2.5 AURA agrees to provide the Services to You, subject to the terms and conditions in these Application terms of service (“Terms”), being the written agreement between the Parties. By downloading, displaying, signing up for and/or accessing the Application in any way You agree to be bound by the provisions of these Terms.
2.6 You specifically acknowledge and agree that AURA may, from time to time, modify the terms and conditions of this Agreement without notice to You, and it is therefore Your responsibility to ensure continued acceptance of the terms and conditions contained in this Agreement.
3. LICENSE
3.1 We hereby grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: 3.1.1 access and use the Application on Your Device/s for the sole purpose of the Services; and 3.1.2 access and use any content, information and related materials that may be made available through the Application or the Services, in each case solely for Your personal, non-commercial use.
4. SUBSCRIPTION
4.1 The Services commence on the date upon which You download or sign-up for, access or make use of the Application (whichever is the earlier) and shall continue indefinitely, unless terminated in accordance with this Agreement.
4.2 If You agree to subscribe for the Services, You will be charged for the Services through the Application. As such, payment will be made through the Application by You completing the relevant details.
4.3 It is Your responsibility to ensure that You subscribe for the Services with the correct personal information (as defined in the relevant data protection laws, including the Protection of Personal Information Act, 2013) (“Personal Information”), so in the event of an emergency, the Responders can use Your Personal Information to, inter alia, contact You.
5. CANCELLATION
5.1 You may cancel the Services at any time and without reason by following the relevant steps in the Application. Cancellation shall take effect as soon as reasonably possible following the completion of the cancellation process but a maximum of 35 days following the cancellation request.
5.2 Unless specifically set out otherwise in the Application, Your access and termination of access to the Application will be as agreed between You and the Company and does not involve AURA, who is a conduit service provider in this regard, providing You with access to the Application based on an existing relationship between You and the Company which is regulated by another agreement in respect of which AURA is not a party.
6. COVERAGE
6.1 You acknowledge and agree that the Services may only be available in certain areas (“Coverage Areas”), whilst the Services may not be available, nor guaranteed, in out of coverage areas where We do not have adequate or any Responders (“Out-Of-Coverage Area”).
6.2 In relation to Coverage Areas, You acknowledge and agree that:6.2.1 coverage in the Coverage Areas is subject to change as more Responders are added or removed; 6.2.2 certain Coverage Areas may become Out-Of-Coverage Areas, depending on capacity requirements; 6.2.3 it is not AURA’s responsibility to ensure that You have coverage in the event of an emergency, and You shall take all appropriate steps to, inter alia, ensure You have adequate cell phone, data or remote signal; and 6.2.4 You will be able to view the Coverage Areas and Out-Of-Coverage Areas in the Application.
6.3 In relation to Out-Of-Coverage Areas, You acknowledge and agree that:6.3.1 if You are in an Out-Of-Coverage Area, a response by a Responder to a panic activation received through the Application from You (“Response”) is not guaranteed, and We are not obliged to go to those locations; 6.3.2 if We Respond to an Out-Of-Coverage Area, the Response may be provided by relevant local private or public security and/or medical providers as applicable; or 6.3.3 if We Respond to an Out-Of-Coverage Area, a Response may take longer than a Response in a Coverage area and no time estimates can be provided to You or guaranteed by AURA.
6.4 Response times may vary depending on whether a Response is required in the Coverage Areas or Out-Of-Coverage Areas, and in this regard, we will use our best endeavours to Respond as soon as possible. Nevertheless, We will not be held liable to any delay in Response times, specifically if our Responder’s do not Respond within a time period you deem acceptable. As such, You hereby indemnify and hold Us harmless against any delay in any Response, no matter the circumstances.
7. GENERAL USE OF THE PLATFORM
7.1 In order to use the Application, You must register an account on the Application by following the prompts displayed on the Application after downloading it.
7.2 By registering an account on the Application, You agree that You shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the Services. You shall notify the Service Provider should You discover any loss or unauthorised disclosure of the information.
7.3 You may choose or be provided with an identification code, username, password or any similar form of identification information as part of the Application’s security systems (“Log-in Credentials”) by signing up on the Application.
7.4 Your Log-in Credentials are valuable, and You are responsible for keeping this information secret and confidential and will not allow anyone else who is not authorised to use it. You agree that You will not be entitled to transfer, share or grant another user or entity access to Your Log-in Credentials.
7.5 You shall be responsible for any and all access to any of the Services with Your Log-in Credentials. When Your Log-in Credentials have been used in order to gain access to the Services, AURA shall be entitled to assume that such use and all related communications emanate from You.
7.6 If AURA reasonably suspects that Your account is being used by a third party fraudulently (for example, as a result of a compromise to Your Log-in Credentials), You acknowledge that AURA may suspend Your account until You can reclaim ownership of it (but AURA shall only do this in exceptional circumstances). Based on the nature of the compromise, AURA may be required to disable access to some or all of the Services which may be made available to You on the Application.
7.7 In the event that You become aware of a breach of the confidentiality of Your Log-in Credentials, You must immediately notify AURA via email. Your compromised Log-in Credentials will be deactivated as soon as reasonably possible, and You shall be obliged to amend Your Log-in Credentials.
7.8 If You create an account on behalf of an entity, such as Your business or employer, You represent that You have the legal authority to bind that entity to this Agreement.
7.9 By accessing, downloading or making use of the Services, You undertake not to (whether directly or indirectly, including by means of targeted or strategic search patterns or generation of reports generated on the platform):7.9.1 transmit any information through the Application and/or do anything that is unlawful, harmful, fraudulent, inflammatory, insulting, offensive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, discriminatory, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable or constitutes a personal attack or likely to promote violence or hatred against others; 7.9.2 not to copy, republish, distribute, adapt, modify, alter, decompile, reverse engineer, or attempt to derive the source code of or create a derivative of works or otherwise attempt to reproduce the Application or its contents (including any material displayed or made available thereon), including any and all content belonging to third parties that are found thereon or to which the Application provides a link; 7.9.3 not to establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Application without AURA’s prior written consent; 7.9.4 engage in any activity that exploits, harms or threatens to harm minors in any way through the Application; 7.9.5 circumvent any restrictions on access to or availability of the Services, including to attempting to gain unauthorised access to the Application, including through theft of another user’s Log-in Credentials or by-passing any user authorisation settings set by You through Your use of the Services; 7.9.6 transmit any information through or via the Application which contains any viruses, trojan horses, worms, logic bombs, time-locks or other malicious coding, or software or other components designed to limit or harm the functionality of a computer; 7.9.7 fail to comply or help others to break the terms and conditions of this Agreement, any guidelines or rules (which AURA may post on the Application from time to time), and any applicable laws in any jurisdiction which We provide the Services (“Applicable Laws”); 7.9.8 impersonate any person or entity or falsely state or otherwise misrepresent its affiliation with a person or entity; and/or 7.9.9 interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
7.10 If You wish to deactivate Your account at any time and for any reason, You will be required to follow the prompts on the hyperlink in the Application.
7.11 If You commit any breach of the Agreement or in any other way interact with or use the Services in an unlawful or unauthorised manner, AURA shall be entitled, in its sole and absolute discretion, to deactivate Your account and terminate Your access to the Services immediately, without prior notice, without any liability on AURA’s part and without prejudice to its rights in terms of this Agreement or under any Applicable Law, and in doing so, all rights granted to You in terms of these terms and conditions shall cease immediately.
7.12 Notwithstanding anything to the contrary, You acknowledge and agree that any or all of the Services may be terminated in whole or in part at AURA’s sole and absolute discretion (for any reason whatsoever) without notice to You. You assume any and all risk of loss associated with the termination of the Services.
7.13 Upon the decision to deactivate Your account or to terminate any or all of the Service offered to You (in accordance with this Agreement), You agree that all rights granted to You in terms of this Agreement, including Your right to access and make use the Services stops immediately and Your licence to access and use the software solution made available through the Application (“Software”) related to the Services ends.
8. FAIR USAGE
8.1 The Parties record that the provision of the Services and the receipt by AURA of a panic Response is a labour-intensive process that is limited by the number of Responders available at any time.
8.2 We aim to provide You with access to Responders in emergency situations and in doing so, We may implement a fair usage policy whereby a surcharge may be payable where You exceed the response limit which applies to You in relation to Responders attending an activation (“Response Limit”). Notice of the intention to implement such policy along with details of its terms will be communicated to an End User in respect of whom the policy will be enforced.
8.3 By using the Application, You hereby agree to this fair usage policy and hereby indemnify Us against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should AURA refuse a Response activated by You or through Your account through the Application or a Device in excess of the Response Limit.
8.4 In the provision of the Services through the Application, AURA has sourced a network of third-party Responders to provide their services to You, on an ad hoc basis using the Application. Whilst AURA will use its best efforts to ensure that all Responders are registered under and compliant with the Private Security Industry Regulation Authority or the National Health Act, 2003 respectively, and uphold the highest standards of care in the exercise of their functions, You hereby acknowledge that AURA does not itself provide any armed response services or emergency medical services and relies upon its Responder network who are not employees or agents of AURA and operate as independent contractors utilising the platform (being the mobile technology-based panic and responder app downloaded on a mobile device) (“Platform”) to accept ad hoc panic activations from time to time. We accept no liability of whatsoever nature or howsoever arising from any act or omission of a Responder, or anyone associated therewith, and agree only to facilitate access to such Responder.
8.5 The provisions of the Responders shall at all times be dependent upon the availability and proximity of Responders and by using the Application, You hereby acknowledge and agree that AURA, its directors, employees, partners and financiers have no control over whether a Responder accepts a panic activation or not and accordingly We accept no liability and/or responsibility for their conduct including but not limited to any act or omission of a Responder in either accepting or declining a request for a Response received via the Application or for being unavailable to respond and/or failing to respond to a request for a Response via the Application.
8.6 Where a panic activation includes the deployment of emergency medical services, any bill relating to consumables, patient transport, use of medication and/or equipment on scene shall be billed directly to the patient according to their medical scheme. If a patient does not have medical aid cover or the means to settle any bills for their account, AURA will not be held liable to settle such accounts.
9. PANIC BUTTON REMOTE
9.1 The provisions of this clause 10 shall only apply once the Application specifies that the panic button remote is activated.
9.2 The panic button remotes are manufactured by an independent third-party (“Panic Button Provider”).. It is Your responsibility to obtain the Panic Button Provider’s warranty terms and user guide on their website (or other platform). Please read these documents carefully to understand how to use the panic button remote, the warranty terms, and any liability exclusions.
9.3 The panic button remote must be linked to Your profile through the Application or the web-based format. We will not receive a panic activation from a panic button remote which has not been linked to Your Application and we do not accept any liability in relation to a panic button remote which has not been linked to Your Application.
9.4 You may only link a maximum of insert panic button remotes to Your Application profile for use for You and in this regard, You shall not be entitled to share the panic buttons with any other person, as they are specifically designated for use by You.
9.5 The panic button remote will not be able to send a panic activation if You are situated in a basement, underground or other area covered by thick concrete. It is Your responsibility to ensure that We receive a panic activation in the circumstances.
9.6 The battery on the panic button remote may last up to two years when used in accordance with the User Guide available on the Panic Button Provider’s website (and You shall be required to obtain the User Guide). Please follow the same process to obtain a guideline on battery replacements.
9.7 It is Your responsibility to contact Us for support in relation to the panic button remote.
9.8 You will be responsible for any courier costs incurred to collect the panic button remote from You to send it to the Panic Button Provider’s premises for determination of whether the device damage is covered under the warranty terms, to return the panic button remote to You or to deliver a new panic button to You.
9.9 A panic button remote which is not under warranty, or which is not functioning due to Your error (including but not limited to, exposure to water, accidental drop, or other related matters) will not be repaired or replaced by the Panic Button Provider as it is cost prohibitive to do so.
9.10 AURA, its directors, employees, agents, brokers, or representatives shall not be responsible for any loss, death, injury, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by the User, the recipient of any Services or any third party arising from the use of or reliance on the panic button remote. Any liability claims in this regard should be made directly against Panic Button Provider, subject to any liability exclusions as per the Panic Button Provider’s terms and conditions.
10. INTELLECTUAL PROPERTY
Using the Services does not give You ownership of any intellectual property (including patents, designs, inventions, trademarks, service marks, domain names and uniform resource locators, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including all copyright in any logos, devices, designs, multimedia works, software and any goodwill) (“Intellectual Property”) rights in the Services or the content You access or make use of on the Platform. You agree that We own all Intellectual Property subsisting in the Services, the Platform and the Application.
10.1 All Applicable Laws protect the content of the Services and the Platform. The owners of such content reserve all such rights therein unless provided otherwise in this Agreement.
10.2 You agree to undertake not to:10.2.1 use or register any trademarks, trade names or other devices or incorporate marks which are the same as or confusingly similar to the Trademarks or which marks are likely to be associated with the Trademarks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trademarks; 10.2.2 at any time, to do (or cause to be done) anything in any way which or could impair, weaken, damage or be detrimental to any part of AURA’s rights, title and interest in and to the Intellectual Property, or the reputation and goodwill associated therewith; 10.2.3 challenge the rights to AURA’s current or future Intellectual Property in any country; and 10.2.4 make any unauthorised use of the Intellectual Property or to represent that You have any rights of any nature in the Intellectual Property or any registrations thereof.
11. PERSONAL INFORMATION
11.1 The use of the Application and access to the Services may result in Your profile on the Application containing Personal Information.
11.2 Any inclusion of a child’s Personal Information in a profile requires appropriate consent in accordance with the Protection of Personal Information Act, 2013 and the consent must be duly logged through the Application.
11.3 Creation of a profile will require You to submit Personal Information. You also acknowledge that the transfer of Personal Information outside of the Republic of South Africa or the jurisdiction in which You register on the Application is necessary for the performance of the Services and Your information will be processed according to the requirements and safeguards of the applicable privacy law. By using and continuing to use the Application, You agree to maintain accurate, complete, and up-to-date information insofar as Your profile is concerned and to be bound by the privacy policy (available at https://www.aura.services/wp-content/uploads/2022/01/Privacy_Policy.pd) (“Privacy Policy”). Should You provide Personal Information of other parties (such as family members or emergency contacts), You agree that You have obtained their consent to provide such information. You acknowledge that it is necessary to transfer Your Personal Information to any technology provider (including any provider outside of the Republic of South Africa), and Responders in order to provide the Services.
11.4 We may use Your Personal Information in a de-identified form for statistical, research and analytical purposes. AURA may share de-identified information (such as the number of registrations on the Application, the number of panic activations, response time, date, area, type of incident and whether any third-party services were used) with the Company, its associates, suppliers and licensors.
11.5 Where we have shared information provided by You with a third party, with Your consent, we do not accept responsibility for any harm caused by the use of Your information or lapses in security by that third party.
11.6 Your failure to maintain an accurate, complete, and up-to-date profile, may result in You losing access to the Services. You are responsible for all activity that occurs on or through Your profile and You agree to maintain the security and secrecy of Your profile including Your secret password at all times.
11.7 You hereby acknowledge and agree that AURA shall be entitled but not obliged to establish the authenticity of any communication transmitted to it through the Application which purports to emanate from You.
11.8 You agree that all instructions, consents, commitments, and any other communications which purport to emanate from You and which are sent to AURA through the Application and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by You at all, shall be deemed to have been given by You in the form actually received by Us and You will be bound by such details with no liability whatsoever attaching to AURA in regard thereto.
11.9 You agree to and hereby indemnifies and holds AURA harmless against all and any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User arising as a result of the fact that AURA has acted on Your instructions or instructions which purport to emanate from You via the Application.
12. SYSTEM AVAILABILITY
12.1 AURA uses its reasonable commercial endeavours to keep the Application available and maintain full system functionality at all times. However, due to a number of possible unforeseen circumstances beyond the control of AURA, including but in no way limited to connectivity, mobile network connection, server availability and/or failure, internet connection and/or failure electrical connection, software functionality, hardware functionality, virus, general network failure, and/or third-party Responder availability, it may not always be possible for AURA to maintain perpetual system availability and therefore availability of the Service, and/or the Application and should, for such reason, AURA be unable to maintain the availability of the Services and/or the Application, You agree that AURA shall not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Service and/or the Application.
12.2 Responders may make use of third-party software and/or applications in providing the Services (such as navigation apps). AURA, its directors, employees, partners, and financiers shall not be liable to You or any other person in respect of any loss or damage arising from an error in, the unavailability of, or interruption in, the Service arising from the use of third-party software and/or applications.
13. OUR RIGHTS
13.1 You agree and acknowledge that:13.1.1 You will only use the Services in accordance with this Agreement, including any terms and conditions incorporated herein by reference and any Applicable Laws; 13.1.2 if there is a conflict between any versions of the Agreements, the terms and conditions contained in the Agreement last in time shall prevail and be binding on You; and 13.1.3 no third party has any obligations to provide maintenance or support in relation to the Services.
13.2 AURA reserves the right to make any changes to the Application, its content and/or the Services offered through the Application at any time and without notice to reflect changes to any Applicable Laws or changes to the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
13.3 The display of content via the Application may differ depending on the Device You are using to access the Services.
13.4 The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. You agree and acknowledge that You bear all risk of transmitting information in this manner. Under no circumstances shall AURA be liable for any loss, harm, or damage suffered by the user as a result thereof. AURA reserves the right to request independent verification of any information transmitted via email and You hereby consent to such verification should it deem it necessary.
13.5 The Software, and aspects or features thereof, may, from time to time, be provided in beta format. In such instances, any access to the Application or the Software shall be on an “as is” and “as available” basis.
13.6 Should You encounter any bugs, glitches, lack of functionality or other problems on the Application, please let AURA know immediately so it can rectify these accordingly.
13.7 When a Service requires or includes downloadable software, this software may update automatically on Your Device once a new version or feature is available. Some Services may let You adjust Your automatic update settings.
14. WARRANTIES
You hereby represent and warrant that You:
14.1 have full contractual capacity, are of the legal age (or you have obtained the relevant parental consents) to form a binding contract, and have not been declared mentally unfit by any court of competent jurisdiction;
14.2 have read and understand this Agreement before accessing, downloading or make use of the Services;
14.3 are not a person barred from receiving the Services in terms of any Applicable Laws in any applicable jurisdiction;
14.4 are not listed on any government list of prohibited or restricted parties; and
14.5 any information which You have submitted when registering Your account on the Application is true, accurate, current and complete and that You will maintain and promptly update such information to keep it true, accurate, current and complete.
15. LIMITATION OF LIABILITY
15.1 You agree that You make use of the Services at Your own risk and assume all responsibility for Your risk use of the Services. Except where expressly provided otherwise, the Application, all content provided on or through the Application, and the services are provided “as is”.
15.2 Your inability to use or navigate the Application is not Our responsibility, and You hereby agree that We will not be held liable for your inability to use or navigate the Application.
15.3 You agree that AURA does not give any representations, guarantees or warranties of any kind (whether express or implied) as to its suitability, usability, accuracy or functionality or the Services of AURA in this regard.
15.4 Specifically, You agree that We will not be liable for any of the Responders and their compliance with any applicable laws, regulations, licenses, approvals, training, industry standards and other related matters. It is the Responders obligation to ensure that it complies with all applicable laws, regulations, licenses, approvals, training, industry standards and other related matters.
15.5 Notwithstanding anything to the contrary contained in this Agreement, AURA shall have no liability for any compensation, loss, damage, cost, claim or penalty of whatsoever nature, including direct, indirect, special, and consequential damages, loss of profits, commercial or economic loss, whether caused by latent or patent defects in the Application, the access or use of the Application and content contained on the Application or otherwise and whether or not AURA has been advised of or have knowledge of the possibility of such resulting from Your use of the services, including in respect of any damage to any computer system or loss of data that results from such activities, and any other loss of whatsoever nature, however arising out of or in connection with these terms and conditions or the Application.
15.6 Although all efforts will be put into ensuring that no malicious content can be received by You through the Application and made to have the Application available at all times, You agree that AURA does not warrant:15.6.1 the Application not being free of any malicious content or viruses, any loss resulting from a distributed denial-of-service attack, or any malicious content that may infect any of Your devices, equipment, data or any other material caused by Your use of the Services or downloads received from Your use of the Services; 15.6.2 Services will be available at all times, and You agree that all or any part of the Services may become unavailable due to technical related reasons, maintenance or repairs, loss of connectivity or some other form of interruption (whether on a scheduled or unscheduled basis); 15.6.3 the Application shall be error-free or will meet any particular criteria of accuracy, completeness, timeliness, suitability or reliability of information, performance or quality. AURA expressly disclaims, to the extent permitted by any applicable law, all warranties whether express, statutory or implied, including, without limitation, warranties of merchantability, title, fitness for any or a particular purpose, non-infringement, compatibility, security, accuracy and that the quality of any content consumed, purchased or obtained by You on or through the Application shall meet Your expectations; and 15.6.4 our actions or omissions in reliance upon Your information and any changes thereto or notices received therefrom; 15.6.5 Your failure to protect the confidentiality of login credentials or access rights to Your information; 15.6.6 the acts or omissions of any third party using or integrating with the Service or offering products through the Services and/or accessed in whatsoever format; 15.6.7 any advertising content or Your purchase or use of any advertised or other third-party product or service; 15.6.8 the termination of Your information in accordance with the terms of these terms of service; 15.6.9 if You suffer from any illness, injury or condition as a direct or indirect use of the Services; or 15.6.10 any other matter relating to the service.
15.7 AURA shall not be held liable for any Losses and hereby indemnify and hold AURA (and the Company) liable from any and all Losses that may be incurred as a result of, or in connection with, this Agreement.
15.8 In the event that AURA is found liable to pay any such amount in terms of this Agreement, then notwithstanding anything to the contrary contained herein or in law, You hereby agree that the maximum cumulative liability for any such amount shall not exceed an amount equal to GBP 500.
16. DISPUTES
16.1 Should any dispute, disagreement or claim arise between the Parties (“Dispute”) concerning this Agreement, the Parties shall endeavour to resolve the Dispute by negotiation
16.2 One of the Parties shall invite the other/s in writing to meet and to attempt to resolve the Dispute by negotiation (“Negotiation”), within ten Business Days from the date of the written invitation.
16.3 If the Dispute has not been resolved by Negotiation within ten Business Days of the commencement thereof, then the Parties shall submit the dispute, for final resolution, to arbitration (“Arbitration”) before an arbitrator (“Arbitrator”).
16.4 The Arbitrator shall be such person nominated by AURA. If the question in issue is:16.4.1 primarily an accounting matter, an independent chartered accountant of not less than ten years’ standing; 16.4.2 primarily a legal matter, a practising attorney or advocate of not less than five years’ standing; 16.4.3 primarily a technical matter, a suitably qualified person; and 16.4.4 any other matter, a suitably qualified person,
16.5 The Arbitrator shall elect what rules shall apply to the Arbitration, which shall apply to the arbitration mutatis mutandis.
16.6 Unless otherwise agreed in writing by all the Parties, any such Negotiation or Arbitration shall be conducted in English and in Johannesburg.
16.7 The provisions of this clause 34:16.7.1 constitute an irrevocable consent by the Parties to any Dispute being resolved by Negotiation or Arbitration, and no Party shall be entitled to withdraw therefrom or claim at any stage of the proceedings that it is not bound by such proceedings; 16.7.2 are severable from the rest of this Agreement and shall remain in effect despite the invalidity for any reason of this Agreement or any part thereof; and 16.7.3 shall not preclude any Party from seeking any urgent and/or interim relief from any court of competent jurisdiction.
17. DOMICILIUM AND NOTICES
17.1 Domicilium
Each of the Parties chooses as its domicilium citandi et executandi (“Domicilium”) for all purposes relating to this Agreement, including the giving of any notice to the address set out in clause 1.
17.2 Change of Domicilium
Either of the Parties shall be entitled, from time to time, to vary its physical or email Domicilium to any other physical or email address (not being a post office box or poste restante) within the South Africa.
17.3 Delivery17.3.1 Any notice given in terms of this Agreement shall be in writing and shall, if delivered by hand, be deemed to have been duly received by the addressee on the first Business Day following the date of delivery. 17.3.2 Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the Parties from the other, shall be adequate written notice or communication to such Party.
17.4 Notices in writing
Any notice in terms of or in connection with this Agreement shall be valid and effective only if in writing and if received or deemed to be received by the addressee.
17.5 Electronic communication17.5.1 Any communication to be made between the Parties under or in connection with this Agreement may be made by electronic mail or other electronic means. 17.5.2 Any electronic communication (including email) made between the Parties will be deemed to have been received on the first Business Day after transmission thereof.
17.6 Electronic communication17.6.1 Any notice given under or in connection with this Agreement must be in English. 17.6.2 All other documents provided under or in connection with this Agreement must be (i) in English; or (ii) if not in English, and if required by the Party to whom such notice is addressed, accompanied by a certified English translation and, in this case, the English translation will prevail unless the document is a constitutional, statutory or other official document.
18. GOVERNING LAW
18.1 The entire provisions of this Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of South Africa, notwithstanding the jurisdiction in which the Services are provided. As such, You hereby agree and consent to this Agreement being governed by and construed in accordance with the substantive laws of the Republic of South Africa.
19. GENERAL
19.1 We reserve the right to change all or parts of the terms and conditions in this Agreement from time to time, which changes will become effective upon it being posted to the Application. Your continued use and access of the Application and/or the Services following the posting of changes or updates will be considered notice of Your acceptance to abide by and be bound by the revised Agreement. It is Your responsibility to periodically check on the Application for any such changes or updates.
19.2 We may post guidelines or rules which are applicable to the Services and/or the Application (from time to time, which We may modify), and such guidelines or rules are hereby incorporated by reference into this Agreement.
19.3 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement shall operate as an estoppel against a Party in respect of its rights under this Agreement.
19.4 No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
19.5 If any term or provision of this Agreement is, or becomes, invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect.